canvas of judicial review‚ a potent weapon was forged by the Supreme Court by way of public interest litigation (PIL) also known as social action litigation. The Supreme Court has ruled that where judicial redress is sought in respect of a legal injury or a legal wrong suffered by persons‚ who by reason of their poverty or disability are unable to approach the court for enforcement of their fundamental rights‚ any member of the public‚ acting bona fide can maintain an action for judicial redress.
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Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
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Name: BTEC Level 3 Applied Law (Unit 2) Judicial Precedent P1: explain the application of judicial precedent in the courts You will need to know: What is judicial precedent? The development of the system The hierarchy of the courts The difference between ratio decidendi and obiter dicta The difference between binding and persuasive precedent How law reports are used What is judicial precedent? ………………………………………………………………………………………………………………………………………………………………………………………………
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CHAPTER 14 NOTES Article II Article II‚ the Constitution’s Executive Article‚ begins this way: “The executive power shall be vested in a President of the United States of America.” With these few words‚ the Framers established the presidency. Why Presidential Power Has Grown * Over the course of American history‚ the champions of a stronger presidency have almost always prevailed. * The nation’s increasingly complex social and economic life has also influenced the growth of presidential
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Introduction: Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law.
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Regional Trial Court and other lower courts Regional Trial Courts (RTC) Highest “trial courts” in the Philippines. It was formerly called as the Court of First instance (CFI) before 1980. It was established in each of the 13 regions in the Philippines. Qualifications: Natural-born citizen at least thirty-five years of age and for at least ten years‚ has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice
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Judicial Process and Politics Interest Groups - Lawyers‚ Litigants‚ Trade Associations and Bar Associations Week 5 Case Western Reserve University Department of Political Science POSC 323/423 Spring 2012 Expository Essays Expository essay requires the writer to investigate an idea‚ evaluate evidence‚ expound on the idea‚ and set forth an argument concerning that idea in a clear and concise manner. Tools for expository writing: • comparison and contrast; • definition; • example; or • analysis
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JUDICIAL ACTIVISM and EMPOWERMENT OF INDIAN WOMEN – TOWARDS EQUALITY WOMEN’S DEVELOPMENT – HISTORICAL BACKGROUND Women’s empowerment is a noted concept in social change‚ which is much discussed‚ often elusive and sometimes abused. Yet in the context of development‚ women’s leadership and agency in social change have been levers for women’s empowerment within communities. Women have sought to fight entrenched interests for community benefits‚ and have garnered through their collective strength
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Strengths and weaknesses run through every single person that has ever existed. Everyone can be defined through some sort of strength or weakness. In most cases people have to truly be in tune with and balance both of these traits because some people’s greatest weaknesses can be turned into their greatest strengths. Personally when looking introspectively I can see that there are many weaknesses and strengths in my life. To change them and though the quest begins by first realizing what they are
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There are three main types of judicial philosophy which is conservative‚ liberal‚ and moderate; this field is the metaphysical standpoints employed by judges to interpret laws. Theses recounts to the United States Supreme Court and the US courts and how the honesties and also the judges who work in those courts apply their belief systems. Judicial philosophy is extremely important because they decide which judges are agreed to unique court arrangements. Despite the fact that few judges observe to
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